DALIP SINGH, J. - (1.) THIS appeal has been filed by the appellant New India Assurance Co. Ltd., Jaipur against the award dated 8 -4 -1994 passed by the Motor Accident Claims Tribunal, Sambhar Lake, Distt. Jaipur in Claim Case No. 220/1992. Whereby a claim petition filed by the claimant respondents was allowed to the extent of Rs. three lacs (Rs. 3,00,000/ -) only as a compensation on account of the death of one Kesari Mal Sharma, who died as a result of the multiple injuries suffered by him in a motor accident involving two truck No. DEL 381 owned by the respondent No. 6.
(2.) THE submission of the learned Counsel for the appellant is that the quantum of compensation as awarded by the Tribunal is on the excessive side and comes as a windfall. To oppose the above submission, learned Counsel for the respondents submits that the quantum of compensation cannot be challenged by the Insurance Company as there was no application under Section 170 of the Motor Vehicles Act, 1988 filed by the appellant. In that view of the matter, the submission of the learned Counsel for the respondents is that this appeal is not maintainable. In the alternative, it is submitted by the learned Counsel for the respondents that the Tribunal has not adopted the principle as laid down in the II Schedule of the Motor Vehicles Act, 1988 and in case, the said guidelines were taken into consideration the award passed by the Tribunal is liable to be enhanced. In this behalf, he has submitted that the learned Tribunal has assessed the income of the deceased as Rs. 1,500/ -. In para 8 of the award and the dependency has been assessed as Rs. 1,000/ - per month after deduction of the 1/3rd amount for personal expenditure. In this view of the matter, the learned Tribunal has rightly doubled the aforesaid amount of Rs. 1,000/ - to Rs. 2,000/ - which is in consonance of the future prospects principle. Learned Counsel for the respondents has placed reliance upon the judgment of the Hon'ble Apex Court rendered in the case of General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and Ors. : AIR1994SC1631 , and, therefore, loss of income was rightly assessed as Rs. 24,000/ - per annum. However I have given my thoughtful consideration to the rival submissions made by the learned Counsel for the parties. So far as the objection of the respondents with regard to maintainability of the appeal is concerned, I find from the record of the case that the appellant had submitted an application under Section 170 of the M. V. Act, 1988 seeking leave of the Tribunal to defend the claimant on merits. In that view of the matter, the aforesaid objection of the respondents is rejected and this appeal is liable to be considered on merits. I have perused the award passed by the Tribunal and as has been stated above, the Tribunal has assessed the monthly dependency on account of the death of the deceased at the time of accident as Rs. 1,000/ - per month. If the notional income was taken as Rs. 2,000/ - per month while adjudicating the amount of compensation based upon the principle increase of income on account of future prospects of earning as has been laid -down by Their Lordships of the Hon'ble Supreme Court in the case of G.M., Kerala State Road Transport Corporation v. Susamma Thomas (supra) no infirmity in my view has been committed by the learned Tribunal in assessing the loss of income on account of the death taking the notional income as Rs. 2,000/ - per month.
(3.) AS such, I find that the award passed by the learned Tribunal, in the facts and circumstances of the case, is just and proper. Though, there is a considerable substance in the submissions made by the learned Counsel for the respondents that in the facts and circumstances of the case, the multiplier that Was incorrectly applied, but since, there is no appeal or cross -objection from the side of the respondents, I find no reason to interfere with the appeal and the same is hereby dismissed. There shall be no order as to costs.;